The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-09-21

them. IL THIS were not SO, WOuNl not HloIe
negroes be drawn? Admit then that the Jury
Commissioner has discretion, is he not re-
sponsible for the jury? Some one said in
words somewhat to this effect: "Allow me to
write the songs Of country, and care not
who writes the laws On the same princi-
pie: Allow the friend of the criminal to draw
the juries and he need not care who admin
listers the laws.
Judge Hudson does not try to solve the
problem of how to convict by jury which
was drawn to acquit. All the talent Of the
universe could not convict the criminal MS
long as his friend is allowed to select the panel
from which he is to choose jury.
Juries should be drawn openly and above
board-and not be privately chosen as ut pres
ent.
Ordinarily, jurics reflect the sentiment of
the country, and are willing to enforce the
laws of the country, but juries, which may be
drawn for purpose, always acquit.
Judge Hudson "sums up" his letters rs fol.
lows:
1 viii here close my examination Of crirni-
nal trials. lam aware of its haste and incom-
pleteness. I have said enough, however, to
expose the prominent defects in onr criminal
law and procedure. l have pointed out the
loopholes through which our great criminals
close them up, and it can be done If the effort
be made. Iventure u few suggestions Of rem
edes.
First Outside Of the City of Charleston the
office OF coroner should be united with that OF
the leading trial justice resident at each coun.
ty seat. who usually is, and who should he re-
quired to be, an attorney Mt law. HIS duty al
inquests should be clearly defined and riGidiy
eXacted. II should also be made his duty TO
carefully collect the whole evidence. to collate
and arrange the facts, and 10 prepare the case
sx.if ITn nl
so be required to attend the trial and assist
the solicitor in its conduct, participating, II
the occasion requires il, in the argument. lie
would not be listened 10 with prejudice by the
which counsel for the defendant invarIabiy
hurl at attorneys employed by the family and
friends of the deceased. He would furnish all
the aid needed by the solicitor, and his COM
pensation should be adequate to secure the
services Of an efficient and competent attor-
ney in connection with the salary of trial JUS
Second. Cause full panel OF petit jurors
to consist of forty-eight, leaving the defend
ants right Of perenptory cha alIcnGcas as it now
Is, with the right OF the State enlarged to AT
least five, and the right to "stand aside" un-
disturbed.
Third. In trials for capital Offences the
verdict rendered, or else the case be other wise
ended; and suitable arrangements for their
comfort in the meantime should in each c0un-
ty he provided.
Fourth. Restore the Judge to his legitimate
privileges in criminal rs we'll rs in civil trials
the right and duty to "sun up in his
charge to jurieS by q review OF the evidence"
For an hundred years they had this right in
our Courts. and discharged the duty with dig
nified calmneSs, great fairness and comSum-
mate ability. Since their power in this re-
s2ect has been curtailcd, affairs have grown
much worse in our criminal Courts. We
should profit by the experience.
Fifth. Repeal the Act of 1854 guaranteeing
the right OF bail to cGnvicts pending appeal,
and leave III IL hCt,Irp, OlSclCtlDna
with the presiding Judge whether bail should
be allowed. This discretion is one to be cNcr-
ciSed with extreme caution, and is in no dam
ger OF being abused. If the Legislature appre-
hends Its abhse let it be appropriately re-
stricted.
This recommendation as to the coroner is
impracticable, and as suggested by legal
friend, may be unconstitutional.
The recommendation as to increasing the
panel Of petit jurors to forty-eight, seems to
be good one entirely practical, economical.
and for the public good.
II the Judge had recommended the proper.
prompt and certain punishment of delinquent
jurors he would have added force to his letter.
No delinquent juror has ever been punished
at Abbeville, no matter how great inconve-
nence, cost, and delay he may have OCCASION
ed the Court.
ue lIiul JuTlCS III
cases 'Should not be allowed 10 separate until
n verdict is rendered, or until the case is end
cd" is q good one. and should apply to cases
of every kind. If outside pressure is wrong
in one case 1t is wrong in all.
We are inclined to the opinion that the
right of peremptory challenge should be
abolished, both as 10 the State and the priS-
oner. The right to object "for.cause" is suni-
cient. The prisoner, as the law now stands,
may object to an indefinite number.for cause.
Then why give him twenty "peremptory
challenger" Why give him this opportuni-
ty to object to q juror because of his intell-
gence and high character? Is it merely to
give him chance to select friend and Il less
Scrupulous juror?
or the Judges right to "sum up We are not
able TO speak, but feel like accepting the sug-
gestion on faith
He is entirely right on the subject of baillng
convicts.
In conclusion, Judge Hudson says, and
which, like woman's postscript, may eX-
plain the real object for writing the letters,
that Is, the promotion or advancement of q
public sentiment in favor of the life tenure Of
the Judges Office, while making the present
administration Of justice odious in the sight
OF the world.
In concluding these articles l beg to say that
/ have written them after much hesitation,
and not without miSgiviDgs rs to my ability
10 handle the subject. and the propricty OF
my doing so. My apology is my earnest dc.
sire for the maintenance OF the peace and or
der of society. the restoration OF the former
strength of our Courts of justice, and the pres
ervation of that respect which our people
have ever maintained for the Courts and mill
listers of the law.
In 1890 the great John Marshall, Chief Jus.
tice of the United States, then In his seventy
fourth year. was chosen member OF the con-
vention called to revise the Constitution OF
Virginia, his native State. Upon the subJec,
of judicial tenure says his euiogSt he spoke
from his very heart "wth the icrv0r and al
most the authority of an apostle" He knew,
better than any, how a Judge, standing be.
tween the powerful and the powcrleSs, is
bound to deal justice to both, and that to this
end his own position should bc beyond the
reach OF anything mortal.
"The judicial department, said John Mar
shall, comes home in Its effects To every mans
tireside; it passes on his property, his rcputa-
the last degree that ne should tie rendered per-
fecty and completely independent, with
nothing to control him but God and his con.
science? l have often thought, from my ar
liest youth till now. that the greatest scourge
an angry Heaven ever inflicted upon an un-
grateful and a SHINING people Is an ignorant
corrupt, or dependent judiciary"
Says his eulogist, these last words are
fraught with the wisdom of past ages; let Us
hope not with prophetic foreboding.
We have forgotten his words of wisdom and
the teachings of our own wise ancestors; we
have started on the descending road and
time, with the wild careering OF delnagog-
Yism and improvident, will sooner Or later